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Mother loses custody to father after calling son names on Facebook

Melody M. called her oldest son, who was ten-years-old at the time, an asshole on Facebook. When asked in St. Lawrence County Family Court why she had done so, she replied because "he is." Demeaning her son on Facebook was only one of the reasons the court gave sole custody of the children to the father, Robert M. According to the unanimous decision of the Appellate Division, Third Department, which upheld the decision by family court, "In making its determination, Family Court noted the pattern of inappropriate behavior by the mother and its effect on the parties' oldest child, who has mental health issues and receives counseling. The mother does not participate in the child's counseling because she does not like the therapist or agree with the recommendation that the child needs structure and should follow the same routine in both households. The mother also testified that she frequently calls the father for him to take the oldest child away during her parenting time because she cannot deal with his behavior. The mother admitted that she swears and yells at the oldest child, often resorting to physical means to deal with him."

Robert M. and Melody M. separated in 2006, agreeing to joint custody. In 2011 the mother petitioned the court to change the arrangement so she would have the children for most of the week. The father opposed the schedule change and petitioned the court for full custody of the children, which the court awarded him.

The full decision of the appellate court can be found here.


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